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Mary Sidi Mendza & Jane Njeri Ngeru v. Andrew Kamau Denis Kubai & Christina Gakuhi Kubai

(2021) JELR 99231 (CA)

Court of Appeal  •  Civil Appeal (Application) 628 of 2019  •  19 Feb 2021  •  Kenya

Hannah Magondi Okwengu, Milton Stephen Asike Makhandia, Patrick Omwenga Kiage



[1] What is before us today is a notice of motion dated 24th August 2020 which has been filed in person by the applicants, Mary Sidi Mendza and Jane Njeri Ngeru (1st and 2nd applicants). We reproduce herein verbatim the substantive orders sought by the applicants:

“(i) Spent.

(ii) That this honourable court be pleased to enjoin applicants herein as interested parties in the Civil Appeal No. 628 of 2019.

(iii) This honoruable court be pleased to grant an order for setting aside the judgment and orders delivered by Lady Justice Asenath Ongeri on 2nd August, 2019.

(iv) That this honourable court be pleased to issue orders causing legal representation in place of Moses Mendza Kibuthu Kubai deceased/Petitioner in Civil Appeal No. 628 of 2019.

(v) That costs of this application be provided for.”

[2] The application is supported by affidavits sworn by the 1st applicant and also written submissions that the applicants have duly filed.

[3] The application is opposed through a reply…

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